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Request a Default Judgment by Clerk


How to Get a Default Judgment When You Claim a Specific Dollar Amount

If you have filed a complaint against and personally served a defendant, and he or she has not responded within the 30-day deadline, you can go to court and ask that a judgment be entered in your favor. This is known as requesting a default judgment.

A Default Judgment by the Clerk grants a specific sum of money and can only be entered in breach of contract cases where a specific amount was requested in the complaint. In other cases, a judge needs to make a ruling, and you must request a Default Judgment by the Court. See our "How to Request a Default Judgment by the Court" guide for more information.

Obtaining a default judgment involves filing two sets of documents: 1) the Request for Entry of Default, Proof of Service by Mail, Proof of Service of Summons, and Request for Dismissal of Doe Defendants, if applicable; and 2) the Judgment, any accompanying documents, and the Proof of Service by Mail (POS-030). NOTE: You may prevent a tardy defendant from filing their answer by filing the first set of documents on the 31st day after personal service of the summons and complaint, and file the second set of documents later.

FORMS

The Judicial Council forms commonly used in this procedure are:

 Click here to download this Guide, with step-by-step instructions, including sample forms.

revised en 9/2013